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High Sierra Hikers Association v. United States Department of the Interior

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 22, 2012

HIGH SIERRA HIKERS ASSOCIATION,
PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Richard Seeborg

See signature page for additional appearances of counsel 9 10

STIPULATED SUBMISSION OF SUPPLEMENTAL MATERIAL 15 AFFECTING MOTION FOR RELIEF AND [PROPOSED] ORDER

17 DATE: May 23, 2012 TIME: 1:30 P.M.

CTRM: Courtroom 3, 17th Floor 9 Local Rule 7-3(d)(2)

1 WHEREAS, a hearing date for Plaintiff High Sierra Hikers Association ("High Sierra")'s 2 Motion for Partial Vacatur and Injunctive Relief (Dkt. No. 101) is currently set for May 23, 2012; 3 WHEREAS, High Sierra submitted the following excerpts from seven rough deposition 4 transcripts as exhibits to the Reply Declaration of Barbara N. Barath in support of Plaintiff's 5 Motion for Partial Vacatur and Injunctive Relief (Dkt. No. 111): Exhibit 140, Dkt No. 111-3, 6 which contains excerpts from the rough transcript of the deposition of Karen Taylor-Goodrich 7 taken May 1, 2012; Exhibit 141, Dkt. No. 111-4, which contains excerpts from the rough 8 transcript of the deposition of Sylvia Haultain taken May 1, 2012; Exhibit 143, Dkt. No. 11-6, 9 which contains excerpts from the rough transcript of the deposition of Gregg Fauth taken May 1, 10 2012; Exhibit 147, Dkt. No. 111-14, which contains excerpts from the rough transcript of the 11 deposition of Tim Shew taken May 4, 2012; Exhibit 148, Dkt. No.111-15, which contains 12 excerpts from the rough transcript of the deposition of Steven Day taken May 4, 2012; Exhibit 13 149, Dkt. No. 111-16, which contains excerpts from the rough transcript of the deposition of 14 Hilary Painter taken May 4, 2012; and Exhibit 151, Dkt. No. 111-18, which contains excerpts 15 from the rough transcript of the deposition of Dave Dohnel taken May 3, 2012; 16 WHEREAS, on May 14, 2012, Defendants United States Department of the Interior, et al. 17 ("Defendants") filed an Objection to evidence submitted by the High Sierra, arguing inter alia 18 that they had not received any of the deponents' transcripts and that, "[w]ithout the full deposition 19 transcripts . . . the court is presented with an incomplete and often misleading understanding of 20 the witnesses' testimony." (Dkt. No. 112 at 5); 21 WHEREAS, between May 11, 2012 and May 21, 2012, counsel for High Sierra received 22 copies of the final versions of the rough transcripts submitted as Exhibits 140, 141, 132, 147, 148, 2 149, and 151; 24 WHEREAS, on May 18, 2012 and May 21, 2012, counsel for High Sierra sent copies of 25 those complete and final deposition transcripts to counsel for the Defendants; 26 WHEREAS, on May 21, 2012, counsel for Defendants stipulated to the submission of the 27 following seven complete and final deposition transcripts as supplemental authority pursuant to 28 1 Local Rule 7-3(d)(2), subject to the proviso that the three National Park Service deponents (Ms. 2 Karen Taylor-Goodrich, Ms. Sylvia Haultain, and Mr. Gregg Fauth) have not yet had an 3 opportunity to submit their changes or corrections to their deposition testimony: 4 Exhibit 153, which is a true and correct copy of the final transcript of the 5 deposition of Karen Taylor-Goodrich taken May 1, 2012. 6 Exhibit 154, which is a true and correct copy of the final transcript of the 7 deposition of Sylvia Haultain taken May 1, 2012. 8 Exhibit 155, which is a true and correct copy of the final transcript of the 9 deposition of Gregg Fauth taken May 1, 2012. 10 Exhibit 156, which is a true and correct copy of the final transcript of the 11 deposition of Tim Shew taken May 4, 2012. 12 Exhibit 157, which is a true and correct copy of the final transcript of the 13 deposition of Steven Day taken May 4, 2012. 14 Exhibit 158, which is a true and correct copy of the final transcript of the 15 deposition of Hilary Painter taken May 4, 2012. 16 Exhibit 159, which is a true and correct copy of the final transcript of the 17 deposition of Dave Dohnel taken May 3, 2012. 18 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto, 19 through their counsel of record, and subject to the Court's approval, that Exhibits 153-159 shall 20 be considered as supplemental materials affecting High Sierra's relief motion pursuant to Local 21 Rule 7-3(d)(2).

Dated: May 21, 2012 ALISON M. TUCHER NATHAN B. SABRI 2 BARBARA BARATH MORRISON & FOERSTER LLP By: /s/ Barbara N. Barath 5 Barbara N. Barath 6 425 Market Street San Francisco, California 94105-2482 7 Telephone: 415.268.7000 Facsimile: 415.268.7522 8 Email: nsabri@mofo.com 9 Attorneys for Plaintiff 10 Dated: May 21, 2012 CHARLES R. SHOCKEY 11 12 By: /s/ Charles R. Shockey [as authorized]Charles R. Shockey U.S. Department of Justice 14 Environmental and Natural Resources Division Natural Resources Section 15 501 "I" Street, Suite 9-700 Sacramento, California 95814-2322 16 Telephone: 916.930.2203 Facsimile: 916.930.2210 17 Email: charles.shockey@usdoj.gov 18 Attorneys for Defendants

19 20 [PROPOSED] ORDER 21 Pursuant to stipulation, IT IS SO ORDERED. 22

The Hon. Richard Seeborg United States District Judge

1 ATTESTATION PURSUANT TO GENERAL ORDER 45 X.B.

2 I, Barbara N. Barath, am the ECF User whose ID and password are being used to file this 3 Stipulated Submission of Supplemental Material Affecting Motion for Relief and [Proposed] 4 Order. In compliance with General Order 45, X.B., I hereby attest that Charles R. Shockey has 5 concurred in this filing.

7 Dated: May 21, 2012 MORRISON & FOERSTER LLP /s/ Barbara N. Barath 9 BARBARA N. BARATH bbarath@mofo.com

20120522

© 1992-2012 VersusLaw Inc.



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